Advice and assistance

Advice and assistance can help with the costs of legal advice from a solicitor if you can't afford it. This could include:

advice on your rights and options

help with negotiations and paperwork

help if you're accused of a crime, for example advice at a police station

If your solicitor prepares a case and acts for you in court and you need help with the costs, you'll need to apply for civil, criminal or Children's Hearing legal aid.

To apply for advice and assistance you'll need to find a solicitor that does legal aid work. They'll talk you through your options, let you know if you can get advice and assistance and help you with the application process.

your weekly disposable income is less than a certain amount (this is the money you have left after deducting income tax, national insurance contributions and any maintenance payments you make)

Your partner's (someone you live with as a couple) disposable income and capital will also be taken into account, unless you're separated or your case involves them.

Your solicitor should tell you at the start of your case:

if you need to pay anything towards your legal costs (you pay this direct to your solicitor, who might let you pay in instalments)

whether you might have to pay out any money you keep or gain at the end of your case

What you might need to pay

Use the examples below to see if it's likely you'll get advice and assistance and what you might need to pay. Alternatively, you can use the advice and assistance online estimator on the Scottish Legal Aid Board website.

Remember that even if you can get advice and assistance, you may have to pay costs back later if you keep or gain money or property.

If you get benefits

'Income-based' is a type of benefit you get because you're on a low income.

If you have savings

If your capital (savings and anything you own that's valuable – not your home) are worth less than £1,716 on the day you apply, you may be able to get advice and assistance (depending on your disposable income).